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You’re considering getting a divorce in Gwinnett County.
But you have no idea what to expect, how much it’s going to cost, or what you should do.
You’re not alone.
Getting a divorce in Gwinnett County is full of complexities.
And most Gwinnett County divorce lawyers don’t take the time to explain anything thoroughly to you.
That’s why we made this comprehensive guide for how to file for divorce in Gwinnett County.
Let’s dig in.
Divorce can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.
If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.
There are a couple of ways you could go about how to file for divorce in Gwinnett County.
If you’re filing for divorce on your own, it’s a pretty simple process (more on this below).
If you and your spouse agree on EVERYTHING, you can file for an uncontested divorce in Georgia.
Let’s chat about contested divorce because most divorces get contested.
Some of the struggles you’re going to face are:
You get the point.
Figuring out how to get a divorce in Gwinnett County is the easy part.
The divorce process in Gwinnett County is the tough part.
To get a divorce, start by consulting with divorce lawyers.
Once you find the one you like, hire them.
They will start the divorce process for you.
But if you don’t want to hire a divorce lawyer, let’s talk about how to file for divorce in Gwinnett County.
Related: I Want To Leave My Husband
Okay, so you want to know how to file for divorce in Gwinnett County.
(Or maybe you just want to know what your divorce lawyer is going to do.)
Either way, to file for divorce, you will:
When you file for divorce in Gwinnett County, you will need to include:
Even if you are having an uncontested divorce in Gwinnett County, you will still need to follow these steps.
If you have a contested divorce in Gwinnett County, you may not agree with your spouse on:
If you’re filing for a contested divorce, you either:
Either way is fine.
You can file for divorce in Gwinnett County without informing your spouse.
When you do this, fill out the divorce papers with your desired outcomes.
Meaning, inform the courts of your ideal:
When you serve your spouse with the divorce papers, they have an opportunity to respond.
Their response is their opportunity to:
If they do not submit a formal response to the courts, you can get a default divorce judgment.
This means that the judge will grant you the arrangements you asked for in the divorce papers.
Meaning you get what you wanted for:
Wondering where do I go to file for divorce in Gwinnett County?
You will file for divorce at the Superior Court in Gwinnett County.
The location for the Gwinnett County Superior Courts is:
If you don’t meet the residency requirements for Gwinnett County, you will file in the county your spouse lives in.
If you have a divorce lawyer handling your case, they will file for divorce for you.
We will deliver the divorce petition to the appropriate Superior Court.
But some of our clients ask how to file for divorce when a spouse is out of state.
To file for divorce when a spouse is out of state, you will file in the state of residence.
You can only file for divorce in the state where you or your spouse meet the residency requirements.
Let’s say you have lived in Gwinnett County for 3 years.
But your husband just relocated to Tennessee for work during your separation.
And he moved to Tennessee 7 months ago.
Even though your spouse is out of state, you are still a resident of Gwinnett County.
You can file for divorce in Gwinnett County when a spouse is out of state and you’re a resident of Gwinnett County.
But your spouse is now a resident of Tennessee.
(They have been there 6+ months.)
That means that they can file for divorce in Tennessee.
When one spouse files for divorce when a spouse is out of state, the respondent has to travel back to that state for court.
For instance, if you filed for divorce in Gwinnett County, your spouse would have to come back to Gwinnett County for any court hearings.
They would also have to come back and hire a divorce lawyer in Gwinnett County.
This is because lawyers can only practice in the state they are licensed in.
They cannot hire an out-of-state attorney to represent them.
Related: Questions to Ask A Divorce Lawyer
These divorce papers are tailored for Gwinnett County’s divorce laws.
You can fill these out and file them at the Superior Court in Gwinnett County.
It includes your petition for divorce and the legal separation agreement.
Related: Divorce Statistics
These are all of the Gwinnett County divorce forms that you’ll need.
This is applicable whether you’re getting a divorce in Gwinnett County online or with a lawyer.
To file for divorce, you have to first be legally separated.
But there is not a required amount of time that you have to be separated before filing for divorce in Gwinnett County.
And the legal separation does not have to be a formal agreement.
There are two ways that you can have a “separation agreement” in Gwinnett County.
But you are not legally separated unless you do one of these two actions with the intent to divorce.
Again, you do not have to have a separation agreement in Gwinnett County.
Related: How to Leave Your Husband
A Gwinnett County child custody agreement will include:
If you’re having an uncontested divorce, you’ll need to fill this out with your ex.
Since it’s uncontested, you both will have to fully agree on the solution to these issues.
If you do not agree with each other, it’s a contested divorce.
And you’ll need to let your divorce lawyers negotiate on your child custody agreement.
To legally change your name, you need to submit a:
File a petition to the Clerk’s Office of the Superior Court in Gwinnett County.
You must complete and sign all required paperwork for your petition.
Some forms may also need to be notarized by a Notary Public.
Keep a copy of these forms for your record.
After the courts approve your name change, you’ll need to update all your IDs.
Related: Penalty For Hiding Assets In Divorce
So, you’ve legally separated from your spouse.
Now you’re able to file for divorce in Gwinnett County.
If you’re hiring a divorce lawyer, they will do this for you.
But for this section, I’m assuming you’re not hiring a divorce lawyer.
So, you’re wondering how to file for divorce in Gwinnett County without a lawyer.
If you are filing for divorce without a lawyer, you are representing yourself.
I’m hoping that you and your spouse are having an uncontested divorce.
Filing for divorce without a lawyer for a contested divorce is risky.
To file for divorce without a lawyer, sit down with your spouse and:
If you and your spouse are having an amicable divorce, this is how to file for divorce in Gwinnett County without a lawyer.
If you are having a contested divorce, you should hire a divorce lawyer.
Fill out the form on this page for a free consultation.
Related: Reasons a Judge Will Change Custody
The divorce process in Gwinnett County is pretty straightforward.
It’s all the emotional turmoil that happens during the divorce process that’s hard.
So, what can you expect during the divorce process in Gwinnett County?
That’s the process for divorce in Gwinnett County in a nutshell.
Next, let’s talk about how long does a divorce take.
How long does a divorce take depends on the type of divorce you’re having.
You’re either having a contested or uncontested divorce.
While every divorce is different, there are averages we can apply to how long does a divorce take.
From our experience, the averages are:
|Uncontested Divorce||~ 2 Months|
|Contested Divorce||6 - 12 Months|
|Contested Divorce with Kids||9+ Months|
I know, legal separations are technically not a type of divorce.
But you have to be legally separated in Gwinnett County to get a divorce.
So, I wanted to cover it a little more for you.
In a legal separation in Gwinnett County, the couple can establish boundaries and responsibilities, such as:
For legal separations in Gwinnett County, you do not need a formal agreement.
When either spouse moves out or moves into another bedroom with the intent to divorce, it’s a legal separation.
The key part here is “with the intent to divorce.”
If you are not intending to divorce, you will need to file a separation agreement.
Legal separation is a different status compared to being divorced in Gwinnett County.
So, you’re probably wondering, “Why would I get a legal separation instead of a divorce?”
With legal separations in Gwinnett County, you can:
If you are legally separating without the intent to divorce, fill out a Gwinnett County separation agreement.
The separation agreement in Gwinnett County will have an expiration date.
After it expires, you are no longer legally separated.
If you do not include an expiration date, then the separation agreement is valid until:
Let’s talk about how to file for legal separations in Gwinnett County.
The steps to file for legal separation are:
The first type of divorce is uncontested.
An uncontested divorce is one where neither party is fighting.
Filing for an uncontested divorce in Gwinnett County can save time and money.
This is because the divorce process is streamlined.
To have an uncontested divorce, both parties must 100% agree on all issues, like:
You may not agree on everything when you decide to get divorced.
But as long as you agree on everything when you file, you can have an uncontested divorce in Gwinnett County.
This is because when you file for divorce, you will need to include your desired outcome for the divorce.
Again, the issues you need to agree on when filing for an uncontested divorce are the ones listed above.
A contested divorce in Gwinnett County is one where the spouses disagree on one or more issues.
A contested divorce adds some steps to the divorce process in Gwinnett County.
These extra steps, in no order, are:
When your divorce gets contested, it adds:
Your lawyer will be able to negotiate on your behalf.
An experienced divorce lawyer can settle most of your issues outside of court.
This will save you thousands of dollars on your contested divorce in Gwinnett County.
If you are trying to file for an annulment in Gwinnett County, you have to meet the requirements.
An annulment will void your marriage.
This means that it never existed per the law.
The grounds for annulment in Gwinnett County are:
There is no time limit to getting an annulment in Gwinnett County.
You just have to meet the requirements for an annulment in Gwinnett County.
Next, let’s talk about the grounds for divorce in Gwinnett County.
Per the divorce laws in Gwinnett County, you have to meet the Gwinnett County residency requirements for divorce.
The divorce laws in Gwinnett County state that either spouse must have lived in Gwinnett County for 6 months.
And that you must have been a resident of Gwinnett County for at least 90 days.
This 6 month period must be consecutive and must be the six months before filing for divorce.
Related: Moving Out Of State With Child
Equitable distribution in divorce is how courts fairly split up the marital property when filing for a divorce.
Equitable distribution does not mean everything is split 50/50 in a divorce.
It means there will be a fair division of assets and debts.
Common-law marriage in Gwinnett County got eliminated on January 1st, 1997.
Any common-law marriages that happened before this date get grandfathered in.
To prove that you have a valid common law marriage in Gwinnett County, you need to show that you:
Gwinnett County is in a no-fault divorce state.
The most common grounds for divorce is irreconcilable differences.
This means that the spouses cannot get along and they want to end their marriage.
The cost of an uncontested divorce in Gwinnett County can be as little as $870.
This is without an attorney and without children.
But if you hire an attorney, the average cost of uncontested divorce in Gwinnett County is $4,100.
So, you’re probably thinking, why do I need a divorce lawyer for an uncontested divorce?
The divorce laws in Gwinnett County can be difficult to navigate.
You should at least have a divorce lawyer review your divorce papers in Gwinnett County.
The cost of a no-fault divorce in Gwinnett County averages about $15,000.
Basically, a no-fault divorce is just if:
Nothing drastic or bad has happened, but you just don’t want to be married anymore.
This type of divorce, after uncontested, is the divorce that requires the least amount of divorce attorney involvement.
Related: Family Law Attorney Payment Plans
The cost of a contested divorce in Gwinnett County averages $20,400.
A contested divorce encompasses issues like:
These are going to be issues where you and your spouse’s attorneys will:
If you want the best divorce attorneys to represent you, fill out the form below.
We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully lose custody of your children.
We also make sure that your divorce judgment is equitable and fair.
This means you don’t get raked over the coals financially.
After you fill out the form below, we will set up your free consultation.